Professional Documents
Culture Documents
signed by a judge and directed to a peace officer, commanding him to search for a certain
personal property and bring it before the court.
A Valid Search Warrant and warrant of Arrest must have Probable Cause. Probable
Cause means there are facts and circumstances attending the issuance of warrant
sufficient to induce a prudent and cautious judge to rely on them. The Probable Cause
must be determined personally by the judge. The Warrant must particularly describe
the place to be searched, or the person or things to be seized.
Who issue and serve Warrant ?
The JUDGE issue a warrant of arrest or the search warrant
The POLICE OFFICER serve a warrant arrest or the search warrant.
Search and Seizures can be made without Warrant in the following instances:
a. When there is consent or waiver that is if a Peace Officer has been granted consent to
enter the premise of another for the purpose of search and seizure;
b. Where search is an incident to a lawful arrest say, a pickpocket caught in flagrante
delicto, can be searched for his loot;
c. When an officer making the search has reasonable cause to conduct it in a vehicle
believed to be containing contraband or forfeited goods because the vehicle can get
away before a warrant is secured.
d. When the possession of articles prohibited by law is disclosed to plain view (plain
view rule)
A private individual can arrest a criminal even without a warrant, this is called
CITIZEN ARREST.
However, recording of conversation through telephone extension is not a violation of the AntiWire Tapping Law.
Section 4 No law shall be passed abridging the freedom of speech, of expression, or of
the press or the right of the people peaceably to assemble and petition the government for
redress of grievances.
Filipino Translation: Hindi dapat magpatibay ng batas na nagbabawas sa kalayaan sa
pananalita, pagpapahayag, o ng pamamahayag, o sa karapatan ng mga taong-bayan na
mapayapang makapag-tipon at magpetisyon sa pamahalaan upang ilahad ang kanilang
mga karaingan.
Four (4) Important Rights Embodied in Article III, Section 4:
Freedom of Speech; Right to a Free Press;
Freedom of Assembly; The Right of Petition.
Freedom of Speech is not absolute, neither is a Free Press.
Limitations to Freedom of Speech
Severe calumny; Anything lewd or obscene; Anything that provokes violence or disorder;
Seditious messages; Clear and present danger.
Forms of Calumny
1. Libel untruthful information/character assassination in written, and using print or
broadcast media.
2. Slander - spoken untruthful information / character assassination .
Clear and Present Danger if the uttered threat seems serious (i.e. the intent appears to be
serious), immediate, grave and realistic.
societies or associations, does this constitutes violation of Art. III, Sec. 8 of the Philippine
Constitution? Answer: Yes. It is a form of unfair labor practice.
Commentary: If public employees are prohibited to go on strike, the essence of forming
unions in government entities show lack of logic. It is also a clear suppression to their
right for redress of grievances. Thus, it contradicts to Art. III, Section 4 of the 1987
Philippine Constitution.
Section 9 ( Right to Just Compensation) Private property shall not be taken for public
use without just compensation.
Filipino Translation: Ang mga pribadong ariarian ay hindi dapat kunin ukol sa gamit
pambayan nang walang wastong kabayaran.
This is in connection with the inherent rights of the state, specifically, the Right of
Eminent Domain. Just compensation - the amount to be paid for the expropriated
property shall be determined by the proper court, based on the fair market-value at the
time of the taking.
Section-10 (Non-Impairment Clause) No law impairing the obligation of contracts shall
be passed.
Filipino Translation:
Hindi dapat magpatibay ng batas na sisira sa pananagutan ng mga kontrata. Discusses
the sanctity of contracts and obligations;
Laws affecting contracts cannot be applied retroactively; all contracts illegal in nature are
non-binding.
Note: A contract is a meeting of minds between parties with respect to rendition of
service or performance of obligation to give something, Government is prohibited from
interfering with agreement of parties since it is considered as a law between the
contracting parties.
Article-III, Section-11 (Free Access to Court) Free access to courts and quasi-judicial
bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
Filipino Translation: Hindi dapat ipagkait sa sinumang tao ang malayang pagdulog sa
mga hukuman at sa mga kalupunang mala-panghukuman at sa sapat na tulong pambatas
nang dahil sa karalitaan.
Article-III, Section-11 (Free Access to Court) Note: If the accused cannot afford to hire a
lawyer to defend his case, the government shall provide one for him. He shall be assisted
and represented by a public prosecutor and a counsel from the Public Attorneys Office,
respectively.
Article-III, Section-11 (Free Access to Court) The Integrated Bar of the Philippines (IBP)
is giving free legal assistance to underprivileged litigants. A person who, due to poverty,
cannot pay docket fee in civil case may apply in court to file his case as a pauper litigant.
Article-III, Section-12 (Right of Person under Custodial Investigation)
(1) Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel,
he must be provided with one. These rights cannot be waived except in writing and in the
presence of counsel.
Article-III, Section-12 (Right of Person under Custodial Investigation) (1) Ang
sinumang tao na na ini-imbistigahan dahil sa paglabag ay dapat magkaroon ng karapatang
mapaliwanagan ng kanyang karapatang magsawalang-kibo at magkaroon ng abogadong
may sapat na kakayahan at kanyang personal na pinili. Kung hindi niya makakayanan ang
paglilingkod ng abogado, kinakailangang pagkalooban siya ng isa. Hindi maiuurong ang
mga karapatang ito maliban kung nakasulat at sa harap ng abogado.
Article-III, Section-12 (Right of Person under Custodial Investigation)
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the
free shall be used against him. Secret detention places, solitary, incommunicado or other
similar forms of detention are prohibited.
Article-III, Section-12 (Right of Person under Custodial Investigation) (2) Hindi siya
dapat gamitan ng labis na pagpapahirap, pwersa, dahas, pananakot, pagbabanta, o
anumang paraaan na lalabag sa kanyang malayang pagpapasya. Ipinagbabawal ang mga
lihim na kulungan, solitaryo, ingkomunikado, o iba pang katulad ng anyo ng detensyon.
Article-III, Section-12 (Right of Person under Custodial Investigation)
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall
be inadmissible in evidence against him. (3) Hindi dapat tanggaping ebidensya laban sa
kanya ang anumang pagtatapat o pag-amin na nakuha nang labag sa seksyong ito o sa
seksyong labing-pito.
Article-III, Section-12 (Right of Person under Custodial Investigation)
(4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar practices, and
their families.
Article-III, Section-12 (Right of Person under Custodial Investigation) (4) Dapat
magtadhana ang batas ng mga kaparusahang penal at sibil sa mga paglabag sa seksyong
ito at gayundin ng bayad-pinsala at rehabilitasyon sa mga biktima ng labis na mga
paghihirap o katulad ng mga nakagawian, at sa kanilang mga pamilya.
Article-III, Section-12 (Right of Person under Custodial Investigation) This section
stresses the following: 1. 2. 3. 4. Miranda Rights/Rules; Permissible use of Police Power;
Admissible confessions; and The right to redress in the event violation of these rights.
Article-III, Section-12 (Right of Person under Custodial Investigation) Miranda
Rights/Rules - provides that before a person under a custodial investigation is
questioned, he must be informed of the following:
behalf. However, after arraignment, trial may proceed notwithstanding the absence of the
accused provided that he has been duly notified and his failure to appear is justifiable.
Article-III, Section-14 (Right of the Accused) Filipino Translation: (2) Ang
nasasakdal ay dapat magtamasa ng karapatang magmatwid sa pamamagitan ng sarili at ng
abogado, mapaliwanagan ng uri at dahilan ng sakdal laban sa kanya, magkaroon ng
mabilis, walang kinikilingan, at hayagan paglitis, makaharap ang mga testigo, magkaroon
ng sapilitang kaparaanan upang matiyak ang pagharap ng mga testigo sa paglilitaw ng
ebidensyang para sa kanyang kapakanan. Gayunman, matapos mabasa ang sakdal,
maaring ituloy ang paglilitis kahit wala ang nasasakdal sa pasubaling marapat na
naipaalam sa kanya ang paglilitis sat dimakatwiran ang kanyang kabiguang humarap.
Article-III, Section-14 (Right of the Accused) This Section Observes the Following: 1.
Right to Due Process of Law in Criminal Cases;
2.Presumed innocent Until Proven Guilty;
3.The Right to Confront Ones Accuser; and
4. Basis for Trials in Absentia.
References: Political Law. 2009, Nachura, VJ Graphic Arts Inc. Quezon City Metro
Manila Excerpt: Lecture of Mr. John Torres Philippine Government and Constitution
Social Science-I Discourses on the 1987 Philippine Constitution by Reynaldo S. Naguit;
Politics, Governance and Government with Philippine Constitution, Second Edition by
Roman R. Dannug and Marlo B. Campanilla; Revised Penal Code of the Philippines;
Supreme Court Decided Cases; Philippine Criminal Law Reviewer; Civil Code of the
Philippines
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion, when the public safety requires it.
Writ of Habeas Corpus